Capitol Report Archives
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June 2000
Click to go directly to information on the bills listed:
K-12 Three-Year Budget (Senate Bill 1044)
Community College Budget (Senate Bill 963)
Higher Education Budget (Senate Bill 967)
School Takeover Bill Tabled Until Fall (SB 1005)
Principal's Bill of Rights Removed from Legislation (HB 5802)
Noncertificated School Counselors (HB 5740)
Career and Technical Preparation Act (HB 5534)
CPR Requirement for Teaching Certification (HB 4014)
School Bus Safety Instruction (HB 5243)
Education Savings Accounts (HB 5653, HB 5654, and SB 599)

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K-12 Three-Year Budget (Senate Bill 1044)
The school aid budget resulted in a per pupil basic foundation allowance of $5,700 in 2000, $6,000 in 2001, $6,300 in 2002 (with a $200 equity payment added that year), and $6,700 in 2003. Senate Bill 1044 has been approved by the House and Senate, and now awaits the Governors signature. He has the option of complete or line-item vetoes. Listed below are the highlights of the budget:
- increased by 5.3%, 5.0%, and 3.1%. Click to see spreadsheet for your district.
ISDs General Operation Funds - increased by 5.3 %, 5.0%, and 3.1 %.
Minimum Days and Hours of Instruction - required as in current law (1098 for next year), but eliminates growth in the number of hours required after 2001. Beginning in 2000 - 2001, a district may count up to 51 hours of professional development for teachers toward the required 1098 hours of pupil instruction.
Declining Enrollment Districts (with memberships up to 1,550) - allowed to average their 3 most recent year membership counts.
GF/GP Contribution to the School Aid Fund - reduced by $35 million in 2000-2001, by $215 million in 2001-2002, and reinstates the $420.6 million GF/GP for 2002-2003.
Cash Flow Payment Program - created for districts at $50 million.
Infrastructure Program - created at $34 million.
School Construction Interest Payments - appropriated $18 million per year.
Foundation Allowance Funding - allowed to follow students if they move to other districts after being counted in a different district on count day. Required a minimum number of 25 students or 1% before this adjustment occurs.
At-Risk Programming - appropriated an additional $25.2 million to reflect the increases in the foundation allowance and to remove the estimated proration.
Class Size Reduction - increased money by $10 million, and maintains the program for 5 years.
Districts Taken Over or Reconstituted by the State - Added $15 million payment for 2000- 2001 for per pupil grants to any. (Currently only Detroit Public Schools qualify.)
Special Education Blue Ribbon Committee - deleted their study and recommendations on issues concerning special education.
Schools of Choice - allowed for within contiguous ISDs.
All Students Achieve Program - created and included: 1) Parents as Teachers Program to assist with parenting skills; 2) Pilot Reading Improvement Grant Program ($75 million); 3) $10 million for coordinating counseling services and tuition grants for degrees in counseling.
Summer School Programs - appropriated $38 million for 2000 - 2001 and 2001 - 2002, and $50 million for 2002 - 2003 for students in grades 1 - 4 with low standardized test scores.
School Readiness Funding - increased to $72,6 million which serves 22,000 children at $3,300 per child.
Gifted and Talented - increased appropriations by $1 million annually.
Career Preparation Implementation Grants Funds - to be distributed according to the proportion of the workforce development boards geographic areas in relation to the K-12 enrollment. Also, Quality of Career Preparation will be determined by newly created Evaluation Advisory Groups.
Professional Development - appropriated $10 million for professional development not scheduled during pupil instruction and is intended as reimbursement for the full per diem compensation paid.
Golden Apple Awards - required teachers to pool their $1,000 allocations under for school improvements decided on collectively.
Teacher Technology Initiative - provided computers and remote Internet access to teachers. Districts can use funding for technology improvements and/or professional development in technology if computers are not desired by the staff.

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Community College Budget (Senate Bill 963)
Senate Bill 963, containing the Community Education Budget, totals $325,061,721, a 9.36 percent increase in spending. It now awaits the Governors signature and possible vetoes. Community College Budget highlights are listed below:
- Operational Funding
- increased by 6.0% and distributed the increase as 3% across-the-board, and 2.5% by formula. Henry Ford Community College - $22,296,069, Kirtland Community College - $3,023,951, Lansing Community College - $31,686,670, and Wayne County Community College - $17,053,189.
- At-Risk Student Success Program
- increased at-risk student success program funding by 3%, for a total of $107,537.
- Postsecondary Access Student Scholarship (PASS)
- implemented new program that essentially will provide free college tuition for eligible participants by financing the difference between tuition and all other scholarships and grants for full-time, degree seeking students under 22.
- Tuition Restraint Initiative
- removed language included by the Governor to reduce fiscal year 2001 appropriations by 1.5% for colleges that raise tuition and fees above 3%.
- Economic Development Job Training
- statement of legislative intent that at least 70% of the economic development job training grant money be awarded to community colleges.
- Staffing Patterns
- removed language added by House directing the Department of Career Development to coordinate with various stakeholders to discuss effect of part-time teachers and educational instruction.
(We have obtained a letter signed by Senator Harry Gast, Chairman of the Senate Appropriations Committee, and Representative Tony Stamas, Chairman of the House Appropriations Subcommittee on Community Colleges, requesting that Michigan Community College Association to discuss the impact of part-time faculties on educational instruction with the Department of Career Development, the Michigan Federation of Teachers and School Related Personnel, and Michigan Education Association, with the intention of submitting a report to the Legislature on February 1, 2001.)

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Higher Education Budget (Senate Bill 967)
After numerous bitter arguments, an agreement was finally reached on the $1.8 billion higher education budget. While the Legislature will not be able to vote on the conference report until it returns in September, it is unlikely it will reject the budget. Having the conference agreed to by the conference committee will allow officials at Michigans 15 public universities to plan tuition and fee rates. Highlights are listed below:
- Increased per-student funding: Eastern Michigan University ($4,788), University of Michigan-Ann Arbor ($9,767), Wayne State University ($10,759), and Michigan State University ($9,801).
- Provided a 5% increase across-the-board for public universities.
- Appropriated $110 million for Michigan Merit Award Program to handle an estimated 40,000 awards.
- Required 1.5% base reduction for any university increasing tuition more than 4.0%.
- Increased supplemental funding by 3% to help pay for infrastructure improvements, technology and equipment purchases, and maintenance for the current fiscal year ending September 30.

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School Takeover Bill Tabled Until Fall (SB 1005)
Senate Bill 1005, a bill allowing the state to take over failing school districts, has been tabled until fall by the House Education Committee. Movement of this controversial bill in its current form is unlikely even then.
The bill would require a local-state review team to recommend an improvement plan for districts with less than 30 percent of students scoring satisfactorily on the Michigan Educational Assessment Program test or those deemed in serious financial trouble.
Future state intervention would include stripping the elected school board of its powers in favor of a local-state appointed czar and dissolution of the district. Fourteen districts would qualify for takeover under this bill.

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Principal's Bill of Rights Removed from Legislation (HB 5802)
This bill was originally dubbed the Principal's Bill of Rights. Before House Bill 5802 was passed by the House, we were successful in amending it to remove all references to principals.
Also removed were the provisions allowing school districts to contract for substitute teachers and exempting those substitute teachers from certain requirements under the law.
However, as presented to the Governor for signing, House Bill 5802 still contains provisions for elementary testing, virtual high school, teacher certification, and school safety.
Elementary School Testing requires that:
- the school district administer nationally recognized norm-referenced test (or another assessment approved by the superintendent of public instruction at the request of the school district or public school academy) each school year in grades 1 - 5;
- if a school is designated for participation in the National Assessment of Education Progress (NAEP) program, the school would be required to participate as designated. An elementary school that did not comply with these requirements would not be accredited; and
- a school district would have to offer pupils in grade 3, who failed to meet standards for basic literacy skills by the end of that school year, the opportunity to attend summer school before grade 4, in order to study language arts and math. (For the purpose of this provision, a pupil's literary and math skills would be measured by either the Grade 4 MEAP test, the MLPP, or another assessment adopted by the school district for this purpose, as approved by the superintendent of public instruction.)
Michigan Virtual High School specifies that:
- the Michigan Virtual University would develop, implement, and operate the Michigan Virtual High School at the beginning of the 2000- 2001 school year; and
- course offerings would include
but not be limited to all of the following: information technology courses; college level equivalent courses; courses and dual enrollment opportunities designed for college-bound juniors and seniors; at-risk programs and services; general education development test preparation courses for adjudicated youth; special interest courses; and professional development programs and services for teachers.
Provisional Teaching Certificate:
- if a person earned a provisional teaching certificate, and that certificate lapsed before the person has completed the requirements for a professional education certificate, and if a school district applied to the department on that person's behalf for another provisional teaching certificate within ten years after the person's initial provisional teaching certificate had lapsed, the department would be required to issue a new provisional teaching certificate to the person;
- this new provisional teaching certificate would be valid for two years, during which time this person must complete the requirements for a professional education certificate, and the department would have to credit toward the requirements for the professional certificate any continuing education or other requirements completed while the person's initial teaching certificate was valid;
- this would apply regardless of whether the person's provisional teaching certificate lapsed before or after the effective date of the bill; however,
- this provision would not apply to a person convicted of certain crimes that, under the code, may result in suspension of a teaching certificate.
School Suspension and Expulsion, and School Crime Reports to Parents:
- authorizes the designee of a school board to expel a student from the school district, and also gives to those who have the authority to expel students the option of suspending them;
- specifies that if a student in grade 6 or above commits a physical assault at school against another student and it is reported, the school board or the designee of the school board would have to either suspend or expel the pupil from the school district for up to 180 school days;
- specifies that if a student in grade 6 or above commits a verbal assault and it is reported to a school official, or if a student in grade 6 or above makes a bomb threat or similar threat directed at school property or a school event, the school board or its designee has to suspend or expel the pupil from the school district for a period of time as determined in the discretion of the school board; and
- retains the current parental notification of school crime reports, but requires that the report be kept current on a weekly basis and be made available at least annually.

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Noncertificated School Counselors (HB 5740)
Under House Bill 5740, which was ordered enrolled on June 20, the board of a school district or intermediate school district could not allow a person to serve in a counseling role in the school district or ISD unless the person met one or more of the following:
- Holds a valid teaching certificate with a school counseling endorsement.
- Has at least five years of experience serving in a school counseling role in another state within the immediately preceding seven-year period and had successfully completed the Department of Education's Guidance Counselor Examination.
- Holds a master's degree awarded after completing an approved counselor education program that included skills and content areas specified in the bill; have completed the Department's Guidance Counselor Examination; and, has been recommended by an approved school counselor education program to provide services as a school counselor.
In addition, the school board or IS D board would have to comply with the Code's requirements that a criminal history check be completed on an individual seeking employment as a counselor.

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Career and Technical Preparation Act (HB 5534)
House Bill 5534, expands dual enrollment options to include career and technical preparation programs, has cleared the House and Senate and awaits the Governors signature before becoming law. The bill would:
- Allow an eligible student to enroll in, and receive payment by his or her school district of all or part of eligible charges for, an eligible course offered by a career and technical preparation program at a postsecondary educational institution;
- Provide that an eligible student would be responsible for charges not paid by the school district, and for repayment of charges paid by the district if he or she did not complete a course;
- Allow an eligible student to receive high school credit or postsecondary credit, or both, for an eligible course;
- Require school districts to provide information to all high school students on the career and technical preparation enrollment options, and to provide counseling services to eligible students and their parents; and
- Require intermediate school districts to collect certain information and report it to the Department of Education, and impose reporting requirements on the Department of Career Development.
The proposed Act would take effect April 1, 2001, and would be repealed June 30, 2006. The bill also would repeal Section 13 of the Postsecondary Enrollment Options Act, which provides for that Act to sunset on June 30, 2001.

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CPR Requirement for Teaching Certification (HB 4014)
House Bill 4014 would require new teachers to hold a valid certification in cardiopulmonary resuscitation (CPR). This bill has passed the House and is presently before the Senate Education Committee.
It requires that beginning January 1, 2001, the superintendent of public instruction could not issue an initial teaching certificate to a person unless he or she presented satisfactory evidence of holding a valid certification in CPR, and had successfully completed instruction approved by the Department of Education in foreign body airway obstruction management. The certificate could be issued by the American Red Cross, the American Heart Association, or a comparable organization or institution approved by the department. Alternatively, a person could provide satisfactory evidence that he or she had physical limitation making such certification impracticable.
A teacher who met these requirements and who, in the course of employment, performs CPR on another person or who attempted to remove airway obstructions would not be liable in a civil action for damages, unless an act of omission constituted gross negligence or willful and wanton misconduct.

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School Bus Safety Instruction (HB 5243)
As passed by the House, House Bill 5243 would require school districts to offer bus safety instruction. This bill is now before the Senate Education Committee.
Upon registration, the parent or parents or guardian of each student not previously transported in a school bus who is in prekindergarten, kindergarten, or grades one to six be provided with written information on school bus safety and conduct.
The information would include, but need not be limited to: a) a list of school bus stops near each student's home; b) general rules of conduct at school bus loading zones; c) red light crossing instructions; and d) walking to and from school bus stops.
Further, at least once each year, each student who received transportation in a school bus who is in prekindergarten through eighth grade would be required to receive safety instruction that included, but would not be limited to: a) proper loading and unloading procedures; b) instruction on the use of the passenger restraint system, if available; c) proper passenger conduct; and d) bus evacuation and the location of emergency equipment and exits. As part of this instruction, students would be required to practice evacuating the bus through the emergency exit doors.
As under the current provision, if a school used school bus drivers for this instruction, the state board could reimburse the school for this training. However, the bill would specify that "a school shall not incur any additional costs as a result of the requirements" of the bill.

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Education Savings Accounts (HB 5653, HB 5654, and SB 599)
As signed into law by the Governor, Public Acts 161, 162, and 163, provide income tax deductions for contributions to the Michigan Education Savings Account Program. Under this legislation:
- Any person would be allowed an income tax credit of up to $5,000 ($10,000 for couples) for deposits into the Michigan Education Savings Account Program.
- The fund could accumulate to $125,000 without tax on the earnings as long as withdrawals are used to pay higher education costs, including trade schools.
- The money could be used for tuition, fees, books, supplies, required equipment, as well as room and board in some cases.
- A person could establish one or more education savings accounts for one or more designated beneficiaries regardless of age.
- This account could be established for as little as $25 cash or $15 per pay period for a payroll deduction plan.
The account would be administered by a private investment firm under the direction of the Department of Treasury. The firm would also be charged with determining which contributions to an account might be taxable. Education savings accounts could be established beginning October 1, 2000.

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